Is a stipulation allowing the capital provider to recall a presumed Zakat payment valid?

Chapter on Zakat on Sheep

Al-Mughni

Book of Zakat

Book 8 · Issue 1 · Bab 3

Open in Qurani

Primary text

If the capital provider states, "I informed you this is an advanced Zakat payment, and I have the right to take it back," and the recipient denies the prior notification, the recipient's statement is accepted. This is because the recipient is denying an act (notification), and the default principle is the absence of notification. The recipient must take an oath regarding this denial.

Supporting text

Those who maintain that the capital provider has no right to recall the payment are not required to take an oath or provide any further evidence.